"If Apple thinks the lawsuit is a waste of resources it could simply end the matter by complying with existing law and filing a new proxy that unbundles the proposed changes to the charter so that shareholders can express their views on each matter separately," a Greenlight spokesperson said in a statement Tuesday.

Tim Cook Speaks Out, Greenlight Capital Responds

Greenlight Capital has responded to Apple CEO Tim Cook's comments on Einhorn's lawsuit against the company. CNBC's Scott Wapner has the details.

Einhorn, fund manager for Greenlight Capital, accused Apple of cash hoarding earlier last week and is encouraging shareholders to vote against Apple's proxy because he thinks proposition two will kill the option of Apple issuing preferred stock.

However, Glass Lewis, one of the most prominent proxy advisory firms in the world, publicly took sides with Apple in the debate.

Apple's proposition two basically would make it so that Apple could issue preferred stock, but only with the approval of shareholders.

"If Proposal #2 is adopted, our shareholders would have the right to approve the issuance of preferred stock. As such, Proposal #2 has the support of many of our shareholders," the company said in a statement last week.